Do I Need to Send My 83b to the IRS with my Annual Tax Returns?


If you received stock on or after January 1, 2016, you no longer need to file your 83b election with the IRS in your end-of-year returns. This makes it much easier to e-file your taxes.

You do still need to file your 83b within 30 days of receiving your stock. That part of the rule hasn’t changed.

Here’s the quote from the IRS:

On July 17, 2015, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) published a notice of proposed rulemaking (REG–135524–14) in the Federal Register (137 FR 42439) under section 83 of the Code eliminating the requirement that a copy of a section 83(b) election be submitted with the taxpayer’s income tax return for the taxable year in which the property is transferred. Treasury and the IRS received no comments responding to the notice of proposed rulemaking. No public hearing was requested and no public hearing was held. Treasury and the IRS now adopt the proposed regulations as final regulations without modification.

Internal Revenue Bulletin: 2016-33. August 15, 2016

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